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Judgment
Dinesh Mehta, J
The present bail application has been filed by the applicant under Section 439 of the Cr.P.C. seeking regular bail in connection with FIR No. 179/2023 registered at Police Station Chunavad, District Sriganganagar for the offences under Sections 376-D, 323 and 341 of Indian Penal Code, 1860.
Learned counsel for the applicant argued that the First Information Report in question has been lodged vindictively and the physical relationship, which the applicant and prosecutrix had, was consensual. Learned counsel further submitted that in the statement recorded under Section 164 Cr.P.C., the prosecutrix has diluted the seriousness of the allegations levelled against the applicant.
Learned Public Prosecutor vehemently opposed the bail application.
Heard learned counsel for the applicant and the learned Public Prosecutor and perused the statement given by the prosecutrix under Section 164 Cr.P.C.
On perusal of the contents of First Information Report and the version given by the prosecutrix in her statement under Section 164 Cr.P.C., this Court has every reason to infer that the physical relationship between the applicant and the prosecutrix was with consent or was under the promise of marriage.
In view of the aforesaid, I deem it just and proper to grant bail to the accused-applicant under Section 439 Cr.P.C.
Consequently, the bail application filed under Section 439 Cr.P.C. is allowed. The applicant Surendrapal Singh @ Bablu S/ o Nahar Singh arrested in connection with the FIR No. 179/2023 registered at Police Station Chunavad, District Sriganganagar shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the trial Court.
Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.
Needless to mention that the above observations made by this Court are on the basis of material so far produced before the Court. These are only prima-facie observations and the same shall however, not come in the way of the trial Court to take independent view of the matter, based on ocular and oral evidence, while finally deciding the case.